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(영문) 서울중앙지방법원 2013.11.29 2013고정4392
약사법위반
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is a person who operates a mutually named “E” in Seongdong-gu Seoul Metropolitan Government D from January 2013, and Defendant B is the mother of Defendant A.

1. Defendant B

A. Although a person who intends to import drugs, etc. must obtain permission from, or report to, the Minister of Food and Drug Safety for each item, as prescribed by Ordinance of the Prime Minister, the Defendant purchased 100 items of “finite” through the International Airport Art of Jung-gu Incheon International Airport International Airport Art located in Jung-gu, Incheon, Jung-gu, Incheon, without filing a report on March 29, 2013, and entered and imported them into a travel room for domestic use.

B. The defendant cannot sell drugs or acquire drugs for the purpose of selling drugs unless a pharmacy founder, and the defendant is the same year.

6. At around 16:30, around 21, 200, the Plaintiff sold 10,000 won of the “mail” imported to customers under the name-free customer who found the above “E.”

2. While Defendant A was prohibited from selling, storing, or displaying for sale drugs in violation of import procedures as above, Defendant A was not in violation of the same year.

6. Around 21.21. Around 21.20, the aforementioned “E” stored for the purpose of sale 51.

Summary of Evidence

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. Police seizure records;

1. Requests for appraisal by the State;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant B: Article 93 (1) 5, Article 42 (1) of the Pharmaceutical Affairs Act, and Articles 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act (the fact that any person, other than a pharmacy founder, sells medicines): Selection of a fine for negligence;

(b) Defendant A: Article 93 (1) 10 and Article 61 (1) of the Pharmaceutical Affairs Act (Selection of Fines);

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Confiscation Defendant B: Criminal Act.

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